SURYAKANT JAGTAP Vs. STATE BANK OF INDORE

JUDGEMENT

(1.) HEARD .

(2.) THE Respondents Nos. 2 and 3 obtained a term loan (mortgaged loan) of Rs. 10,00,000/ - on 2.6.2008 from the Respondent Bank. As a security of loan, they executed a mortgage deed. The Respondent Nos. 2 and 3 did not deposit the amount regularly, hence, the account was declared as NPA by the Bank. Thereafter the Bank published a notice under Section 13(2) of the SRFAESI Act, 2002. When no objection was raised, the Bank had taken possession of the land and thereafter the Bank issued the impugned notification -cum -advertisement in regard to auction of the land.

(3.) FROM the facts of the case and perusal of the civil suit filed by the Petitioner, it is clear that the Petitioner has claimed ownership of the land on the basis of adverse possession. Admittedly, the Petitioner is not the owner of the land and he is claiming right of the ownership on the basis of adverse possession. No Court has granted decree in favour of the Petitioner. In such circumstances, the Petitioner has no legal right to challenge the proceedings initiated by the Respondent -Bank.